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2025 DAILYLAW 42723 (RAJ)

FAHIMUDDIN KHAN v. STATE OF RAJ AND ORS

CW/11184/2018 · 2025-03-11

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.11184/2018 Fahimuddin Khan S/o Shri Hamiduddin Khan, Resident Of Madarsa Aalia Furkania, Near Masjid Sayeedia, Near Panch Batti, Kalipaltan, Tonk, District Tonk, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan Through Principal Secretary, Education Department, Government Secretariat, Jaipur Rajasthan. 2. The Principal Secretary, Rural Development And Panchayati Raj Department, Government Secretariat, Jaipur. 3. The Director, Elementary Education, Rajasthan, Bikaner, Rajasthan. 4. The District Education Officer Elementary Education, Tonk, Rajasthan. 5. Zila Parishad, Tonk Through Its Chief Executive Officer ----Respondents For Petitioner(s) : Mr. Iliyas Khan For Respondent(s) : Mr. Saumil Sharma for Mr. Gopal Krishan Sharma, Addl. GC JUSTICE ANOOP KUMAR DHAND Order 11/03/2025 1. At the outset, it is submitted by learned counsel for the petitioner that the issue raised in the present writ petition is covered by an order passed by this Court in the case of Suman Jhanwar & Ors. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.5405/2012), decided on 12.05.2014. The operative part of the said order is reproduced as under:- “Therefore, the present writ petitions are disposed of with liberty and direction to the petitioners to file appropriate representation with relevant evidence before the appointing authority, who has issued the orders of appointment to the petitioners claiming the same relief, as (2 of 2) [CW-11184/2018] purportedly given to other similar situated persons. It is expected of the respondent authority to pass speaking orders after providing the opportunity of hearing to the petitioners or their authorized representative as to why similar benefit cannot be extended to them though other persons have been given such benefits. If, however, any adverse order is passed against the petitioners, the petitioners will beat liberty to avail the legal remedy available to them in accordance with law.” 2. Learned counsel, therefore, prays that the petitioner may be permitted to file a detailed representation before the competent authorities for redressal of his grievances. 3. In view of the above, the present writ petition is disposed of with liberty to the petitioner to file a representation to the competent authorities of the department and the competent authorities of the department are directed to decide the same within a period of four weeks from the date of receipt of such representation; and if the case of the petitioner falls within the purview of the law laid down by this Court in the case of Suman Jhanwar (supra); the same shall be decided in terms of the judgment above. 4. The order has been passed based on the submissions made in the petition, the respondents would be free to examine the veracity of the submissions made in the petition and only in case the averments made therein are found to be correct, the petitioner would be entitled to the relief sought. 5. Stay application also stands disposed of, accordingly. (ANOOP KUMAR DHAND),J Karan/90